§4333. Requirements for downstream risk arrangements
1. Permissible downstream risk arrangements. Downstream entities that do not exceed the risk threshold described in section 4334 may enter into downstream risk arrangements only if:
A. The requirements of section 4332, subsection 1 and sections 4335 and 4336 are met; and [PL 1999, c. 609, §20 (NEW).]
B. No specific payment is made directly or indirectly under the plan to a provider as an inducement to reduce or limit medically necessary services furnished to an enrollee. [PL 1999, c. 609, §20 (NEW).]
[PL 1999, c. 609, §20 (NEW).]
2. Prohibited downstream risk payments. A specific payment of any kind may not be made directly or indirectly under the incentive plan to a downstream entity as an inducement to reduce or limit covered medically necessary services under the carrier's contract furnished to an enrollee. Indirect payments include offerings of monetary value such as stock options or waivers of debt measured in the present or future.
[PL 1999, c. 609, §20 (NEW).]
3. Applicability. This section applies to risk arrangements between carriers and downstream entities with which they contract to provide medical services to enrollees. This section also applies to subcontracting arrangements.
[PL 1999, c. 609, §20 (NEW).]
SECTION HISTORY
PL 1999, c. 609, §20 (NEW).
Structure Maine Revised Statutes
TITLE 24-A: MAINE INSURANCE CODE
Chapter 56-A: HEALTH PLAN IMPROVEMENT ACT
24-A §4332. Safe harbor and waiver
24-A §4333. Requirements for downstream risk arrangements
24-A §4334. Substantial insurance risk; substantial enrollment risk
24-A §4335. Contractual provisions
24-A §4336. Disclosure requirements for organizations with downstream risk arrangements
24-A §4337. Requirements related to subcontracting arrangements
24-A §4338. Downstream risk arrangements that exceed risk threshold described in section 4334
24-A §4339. Contractual provisions to demonstrate financial viability
24-A §4340. Financial viability
24-A §4341. Limitations on premium transfer